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Category: Patent Litigation

Patent Litigation

Pitfalls of Patent Cases Involving “Paradigm” or “Representative” Patents and Claims

February 23, 2016stevehansenparadigm claims, Patent litigation

Every patent claim in every patent is its own invention and stands on its own.  An accused infringer is liable for patent infringement if it infringes at least one patent claim in one asserted patent.  Some patent cases involve large numbers of
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Licensing, Patent Litigation

Monetizing Your Patents – The Dangers of Declaratory Judgment Jurisdiction

January 19, 2016stevehansendeclaratory judgment

Now you have your shiny, new issued patent, and you want to go forth and profit from it.  To do that, you need to let all of those “infringers” (okay, “potential licensees”) know that you have a patent and that they should
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Invalidity, Patent Invalidity, Patentability

The America Invents Act: This Isn’t Your Father’s On-Sale Bar

November 24, 2015stevehansenAIA, America Invents Act, On-Sale Bar

With the implementation of the America Invents Act (AIA), the United States went from a first to invent to a first inventor to file system of determining priority of patent rights. However, that was not all that changed with the implementation of
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Claim Construction, Infringement, Invalidity, Patent Infringement, Patent Invalidity

Federal Circuit Decision Concerning “Means-Plus-Function” Claiming

July 15, 2015stevehansenMeans-Plus-Function

When drafting patent claims for a device, it is often desirable to describe the device based on how it works instead of how it is structured.  Describing a device based on how it works is often referred to as “functional claiming.”  Claims
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Infringement, Invalidity, Patent Invalidity

Active Inducement of Infringement: A Good Faith Belief in Invalidity is Not a Defense

June 19, 2015stevehansenInducement of Infringement, willful infringement

On May 26, 2015, the U.S. Supreme Court issued its opinion in Commil USA, LLC v. Cisco Systems, Inc., (Case No. 13-896, May 26, 2015). A copy of the slip opinion may be found here.  Active Inducement of Infringement: A Good Faith
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Damages, Licensing, Patent Litigation

Federal Circuit Clarifies Entire Market Value Rule

April 20, 2015stevehansenDamages, Entire Market Value Rule, Reasonable Royalty

Determining patent infringement damages is complicated and often borders on the metaphysical.  Under U.S. law, a patent holder is entitled to damages adequate to compensate for the infringement, but in no event less than a “reasonable royalty.”  In some cases, patent holders
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Claim Construction, Patent Invalidity, Patent Litigation

District Court Claim Construction Factual Findings Reviewable for “Clear Error”

January 26, 2015stevehansenclaim construction, extrinsic evidence, Indefiniteness, Patent litigation

The claims of a U.S. Patent define the scope of the patent holder’s right to exclude.  In its 1996 Markman decision, the U.S. Supreme Court held that disputes over the meaning of claim terms are an issue of law to be decided by a
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Invalidity, Patent Invalidity, Patentability

Software Patents Continue to Take a Beating in 2014

December 11, 2014December 11, 2014stevehansennon-practicing entities, NPEs, Statutory Subject Matter

This has not been a good year for software patents in the United States. Since the Supreme Court issued its decision in June in Alice Corp. v. CLS Bank, 134 S.Ct. 2347 (2014), the Patent Office has been aggressively rejecting software patent
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Patent Litigation

Pitfalls in Policing Your Patent Rights

October 20, 2014stevehansenequitable estoppel, laches, patent infringement defenses, Patent litigation

Patent holders are not obligated to police infringement or pursue infringers in order to keep their patents in force.  However, failing to address known acts of infringement can, in some cases, provide infringers with a defense called “laches” that can limit the
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Patent Invalidity, Patent Litigation

Procedural Mechanisms for Invalidating Patent Claims Due to Indefiniteness

September 16, 2014September 16, 2014stevehansenIndefiniteness, patent invalidity, Patent litigation

One of the defenses available to an accused infringer is that the asserted patent claims are invalid for indefiniteness.  The Patent Statute requires that the claims of a patent “particularly point[] out and distinctly claim[] the subject matter which the applicant regards
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Recent Posts

  • Defending the Patent Case – Make Sure to Serve This Interrogatory
    by stevehansen
    September 16, 2020
  • Can I Patent a New Way of Using an Existing Product?
    by stevehansen
    September 16, 2020

Tag Cloud

Claim Construction (13) Infringement (12) Invalidity (26) Patentability (15) Patent Invalidity (11) Patent Litigation (39) Patent Preparation and Prosecution (34) Patents (40) Portfolio Development and Innovation (33) Reexamination and Post Grant Review (6) Uncategorized (5)

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